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bobbych · Joined: 17 Mar 2006 Posts: 27 Location: NORTH EAST UK

A freind of mine has gone through a messy divorce. her ex hubby is now remarried but she still lives in the former private family home which has a joint morgage. the house is up for sale and any profit is to be split between them. The house has little interest being shown in it and has 4 other properties around it for sale, and none selling
However. he now says he can no longer pay the morgage or maintenace for the 2 kids (even though he is on honeymoon in the maldives). She is going to take him to court, if the house is repossesed will she be rehoused by the council?

If she sell the house but has a small amont of profit from it can she get a council house.
Cheers

thescruff · Moderator Joined: 03 May 2003 Posts: 4164 Location: Bath

Best to have a word with the CAB first.

Issues like this are usually resolved by the divorce courts.

Whatever, he has a legal duty to provide a roof over the heads of his children, so if the exwife has custody that includes her.

The same applies to maintainence, the CSA will deduct a percentage of his earning for each child and their legal guardian.

Obviously situations are different and it's essential to consult the CAB and or a Solicitor.

To avoid high legal costs it's in everyones interest to sit down and work out an amicable arrangment that's affordable by both parties.

Remember for every thousand pounds you throw at a solicitor it's a thousand pounds neither of you get to share.